He can file a contested divorce case on the grounds of cruelty.

For child custody, he has to file a petition under guardians and wards act before the court competent.

The quantum of maintenance may be decided by court upto the extent of 35% of his take home salary or the proved income for her and the children.

The time taken for disposal of the divorce case cannot be predicted, however it may take at least three to four years especially if she strongly contests.

The kids will remain to be with the mother since they are living with her now.

If she is refusing to allow the children to stay with the father then you may have to file an application before the court in the child custody case for an interim relief of interim custody based on the willingness of the children. 

Ans:- (a) In this scenario, either a divorce or judicial separation is the most appropriate option. 

(b) chances of father getting custody of the children depend upon how well the father can prove to the court that the mother is incapable to take care of the children, emotionally and monetarily. For how  she is a PG but due to some or the other reason does not want to work.

(c) Maintenance is totally upto the court to decide based on the facts and circumstances of the case. 

(d) once your file for divorce, court will give a 6 months cooling period to be adhered by both the parties. time frame cannot be guaranteed.

(e) since the wife has already taken the kids with her now, the kids during the court case shal also be with her, unless the husband asks for the custody as an interim.

1. See he can take judicial separation but see if there is no chances of choibition in future then no use of same.

2. He can contest for sole or shared or joint custody citing welfare of the children.

3. See court shall decide keeping in find his income.liabilities and shall also may undertake qualification of wife.

4. See contested divorce may take 2-3 more.depending upon pendency before the court.

5. Kids will stay in ordinary custody as presently they are with mother upto time court doesn't pass any interim custody orders.

Yes court may pass.interim custody order.if father files for same.

1. various factors are considered while deciding custody petition like financial status, welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities etc

2. “amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly",

3. contested divorce cases took almost 4-6 years,

4. Court will allow the custody, howver, the Court can grant visitation rights to the father till disposal of the case,  

File for divorce on grounds of mental cruelty 

wife refusing to stay with husband amounts to mental cruelty 

3) seek joint custody of children 

4) court generally awards one fourth of net income as maintenance 

5) divorce cases take 5 years to be disposed of 

6) during pendency of case custody would be with mother you can seek interim visitation rights 

Welfare of child is paramount consideration 

coyrt considers wishes of children in determining custody 

1. He can file a petition for restitution of conjugal rights against her. If RCR decree is passed in his favour and it is not obeyed by her within a year then it is a ground to apply for dissolution of marriage.

2. Petition for child custody can also be filed in the court of guardianship judge. Since kids have crossed the age of 5 years mother is no longer their natural guardian, hence the court has to decide the petition strictly on the touchstone of welfare of child. Interim custody/visitation rights can be given to father.

3. If wife does not obey the decree of RCR passed against her then her claim to maintenance can be repelled successfully. Ordinarily, maintenance is 1/3rd of salary of husband after factoring in his liabilities.

1. Both of them can reside separately without taking divorce.

2. If the children are unwilling then father apart form visitation of the child would get nothing.

3. The wife and the children would be entitled to 1/4th income of this man.

4. There is no time frame.

5. Court never decides with whom the children would stay. If they are staying with mother they can continue under her care only.

Dear querist, 

since you are asking prospective options available apart from divorce, the options available with the husband is to file an application under section 9 of the Hindu marriage act, 1955 which is the restitution of conjugal rights. whereby, the court will be asking the reason for the seperation and might order to love together, if not, on that basis divorce can be filed under section 13(1) of hindu marriage act, 1955. 

If she is well educated and has means to maintain herself, than court will be considering that while deciding if she file any petition for the maintenance. Usually, its 25% of the monthly income of the husband or some fixed amount decided seeing the whereabouts. However, arguments can make wonders that no maintenance might be allowed by the court. 

since, the children are above 6 yrs of age their natural guardianship does not vest with the mother as a right under section 6 of hindu minority and guardianship act. Therefore, the custody can be given to the father if the children wants to live with the father and court will also see that the father has the equitable means to educate their children. therefore, the custody can be claimed by the father. 

Time frame if wife is unwilling depends on case to case. However, it might take a period of 2 yrs. During the pending case, the interim custody can be asked from the court which might tilt in the favour of the father as the children are willing to live with the father( as stated in the query). 

Hope that solves your query. 

You can contact me for consultation and dealing with your case. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

Dear Sir

You can file a suit for restitution of conjugal rights.

You can opt for mutual consent divorce if you want it to be done quickly.

a) No other option other than divorce. 

b)You need to prove that she is not a competent woman to take child custody. 

c) Depends on your income, her income, standard of living during marriage, both of your expenses etc. 

d) time frame for contested divorce is difficult to project. 

e) To whom the present custody is 

1. He has two options i.e. either divorce or living his life the way as it is since it is not expected that she will ever change. He can amicably negotiate with wife for her return.

2. Mother is the natural guardian of her children till they are 5 years old and thereafter father becomes their natural guardian. So, he has a fair chance to get their custody for their welfare.

3. Ordinarily 1/3rd to 1/4th of net monthly earning after deducting statutory  payments , is allwed by the Court as maintenance though it is purely to be decided by the Court.

4. No body can predict the time to be taken for getting the decree. It might take 3 to 6 years also.

5. Unless the Court directs otherwise, te children will stay where they are presently staying.

1. You shall have to file a child custody case praying for teh custody of your children for their welfare.

2. If you can prove your grounds properly, their custody might be granted to you. In normal cases, custody of oe child is allowed to each of the couple.

3. Such allowance of custody of children is independent of the judgment passed in the divorce Case.

Husband can file divorce on grounds of mental creulty. 

Normally the custody of child below 5 years is given to mother but if you can prove that you are capable of looking after the child better then her mother the custody can be given to father, further there are many supreme court judgements which have held that welfare of child is more important then provisions of law. Hence there are chances that you can get custody. 

Father need to file a case under the guardianship and wards act before the Family court for custody of both children. It is the discretion of the court to award you the custody or not. 

1. Apart from divorce the option your subordinate have is filing of RCR petition for restitution of conjugal rights to bring his wife back through court orders. 

2. Chances are good if allegations mentioned by you can be proved in court. 

3. It may be around half of his salary along with study expenses of children. And without children it can be around 8 to 10K

4. It can take around 3 years. 

5. Custody will remain with person who currently have the kids.